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I was hit by a drunk driver who has no insurance while I had my 3 kids in the car. Am I able to file a claim against both my uninsured motorist and under insured motorist policy for pain and suffering or just my uninsured motorist policy? Both policies have $50,000 per person $100,000 per accident limits, but after doing the base formula and adding up my medical bills, loss of wages, etc. it will be more than the $100,000 max.

You will need to speak to your insurance company to get the specifics about your policy and the insurance carriers guidelines but typically you would only be able to put a claim through your uninsured motorist policy.

An underinsured motorist would mean that the other driver had insurance but the coverage was not sufficient to fairly compensate you for your injuries. Instead you had an uninsured motorist, meaning he did not have auto insurance of any type, hit you and thus that would be the coverage used.

If you live in a state that requires personal injury protection (PIP), that coverage would generally be used first and then the uninsured motorist coverage would be secondary. Uninsured motorist does typically allow you to collect for lost wages and pain and suffering if it is so stated in the terms of your policy.

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This car insurance question was asked on 2/22/2006
This auto insurance answer was last updated on 2/22/2006
Anthony requested this car insurance solution.
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